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Williams v. Johnson, 03-6507 (2003)

Court: Court of Appeals for the Fourth Circuit Number: 03-6507 Visitors: 49
Filed: Jun. 25, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6507 BILLY WILLIAMS, Petitioner - Appellant, versus GENE M. JOHNSON, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-02-176-2) Submitted: June 19, 2003 Decided: June 25, 2003 Before NIEMEYER, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam op
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                               UNPUBLISHED

                      UNITED STATES COURT OF APPEALS
                          FOR THE FOURTH CIRCUIT


                               No. 03-6507



BILLY WILLIAMS,

                                                 Petitioner - Appellant,

             versus


GENE M. JOHNSON, Director        of   the   Virginia
Department of Corrections,

                                                  Respondent - Appellee.



Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-02-176-2)


Submitted:    June 19, 2003                      Decided:   June 25, 2003


Before NIEMEYER, KING, and GREGORY, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Billy Williams, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.


Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

     Billy Williams, a state prisoner, seeks to appeal the district

court’s order accepting the magistrate judge’s recommendation to

deny relief on his petition filed under 28 U.S.C. § 2254 (2000), in

which he challenged his 1998 convictions for first degree murder

and use of a firearm during the commission of a felony.              An appeal

may not be taken from the final order in a § 2254 proceeding unless

a circuit justice or judge issues a certificate of appealability.

28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will

not issue for claims addressed by a district court absent “a

substantial showing of the denial of a constitutional right.”               28

U.S.C. § 2253(c)(2) (2000).     A prisoner satisfies this standard by

demonstrating    that   reasonable       jurists    would   find    that   his

constitutional   claims   are   debatable     and    that   any    dispositive

procedural rulings by the district court are also debatable or

wrong.   See Miller-El v. Cockrell, 
123 S. Ct. 1029
, 1040 (2003);

Slack v. McDaniel, 
529 U.S. 473
, 484 (2000); Rose v. Lee, 
252 F.3d 676
, 683 (4th Cir.), cert. denied, 
534 U.S. 941
 (2001).               We have

independently reviewed the record and conclude that Williams has

not made the requisite showing. Accordingly, we deny a certificate

of appealability and dismiss the appeal.            We dispense with oral

argument because the facts and legal contentions are adequately




                                     2
presented in the materials before the court and argument would not

aid the decisional process.




                                                        DISMISSED




                                3

Source:  CourtListener

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